- 23 - supra at 250. Petitioners have the burden of proof. Rule 142(a). It is undisputed that petitioners did not timely file their individual tax return for taxable year 1990. Petitioners argue that they missed the deadline "Due to exigent business circumstances". Petitioners also argue that they, "in good faith, had no expectation that any tax was due." We conclude that petitioners have not met their burden of proof. Petitioners did not explain the "exigent business circumstances" that prevented a timely filing. Moreover, an unverified belief that no taxes are owing does not constitute reasonable cause of the sort that will allow petitioners to escape the addition to tax pursuant to section 6651(a)(1). Olsen v. Commissioner, T.C. Memo. 1993-432, and cases cited therein. The question is not whether petitioners thought that they owed tax but whether they knew or should have known that they needed to file a return. Jackson v. Commissioner, 864 F.2d 1521, 1527 (10th Cir. 1989), affg. 86 T.C. 492 (1986); Olsen v. Commissioner, supra. Consequently, we hold that petitioners have not established reasonable cause for their failure to file timely their 1990 tax return. Accordingly, petitioners are liable for the section 6651(a)(1) addition to tax relating to their tax liability for taxable year 1990. Section 6662(a) imposes a 20 percent penalty on the portion of an underpayment of tax that is attributable to, inter alia,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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